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SacDep
06-09-2009, 10:29 PM
What is the rule/law for selling? Is there a time that has to pass or a certain number of pistols every year? If you know of the penal code that explains it please let me know. thank you

SVT-40
06-09-2009, 11:03 PM
The rule is "infrequent" sales are permitted. I would not be in the habit of buying and selling many pistols. The PC goes on and on, so you might review all the 12000 PC areas. The definition of "infrequent" is clear as mud, and left open to debate.

But with that said three or four should be okay. I would not do that many sales year after year though. Some say up to five or six sales each year is acceptable.


Here it is in the penal code.
12070. (a) No person shall sell, lease, or transfer firearms unless
he or she has been issued a license pursuant to Section 12071. Any
person violating this section is guilty of a misdemeanor.
(b) Subdivision (a) does not include any of the following:
(1) The sale, lease, or transfer of any firearm by a person acting
pursuant to operation of law, a court order, or pursuant to the
Enforcement of Judgments Law (Title 9 (commencing with Section
680.010) of Part 2 of the Code of Civil Procedure), or by a person
who liquidates a personal firearm collection to satisfy a court
judgment.
(2) A person acting pursuant to subdivision (e) of Section 186.22a
or subdivision (c) of Section 12028.
(3) The sale, lease, or transfer of a firearm by a person who
obtains title to the firearm by intestate succession or by bequest or
as a surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code, provided the
person disposes of the firearm within 60 days of receipt of the
firearm.
(4) The infrequent sale, lease, or transfer of firearms.
(5) The sale, lease, or transfer of used firearms other than
pistols, revolvers, or other firearms capable of being concealed upon
the person, at gun shows or events, as specified in Section 12071,
by a person other than a licensee or dealer, provided the person has
a valid federal firearms license and a current certificate of
eligibility issued by the Department of Justice, as specified in
Section 12071, and provided all the sales, leases, or transfers fully
comply with subdivision (d) of Section 12072. However, the person
shall not engage in the sale, lease, or transfer of used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person at more than 12 gun shows or events in any
calendar year and shall not sell, lease, or transfer more than 15
used firearms other than pistols, revolvers, or other firearms
capable of being concealed upon the person at any single gun show or
event. In no event shall the person sell more than 75 used firearms
other than pistols, revolvers, or other firearms capable of being
concealed upon the person in any calendar year.
A person described in this paragraph shall be known as a "Gun Show
Trader."
The Department of Justice shall adopt regulations to administer
this program and shall recover the full costs of administration from
fees assessed applicants.
As used in this paragraph, the term "used firearm" means a firearm
that has been sold previously at retail and is more than three years
old.

ke6guj
06-09-2009, 11:23 PM
The rule is "infrequent" sales are permitted. I would not be in the habit of buying and selling many pistols. The PC goes on and on, so you might review all the 12000 PC areas. The definition of "infrequent" is clear as mud, and left open to debate.

But with that said three or four should be okay. I would not do that many sales year after year though. Some say up to five or six sales each year is acceptable. "infrequent" is defined as

12070(c)(1) As used in this section, "infrequent" means:
(A) For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person.
(B) For firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, occasional and without regularity.

SacDep
06-10-2009, 12:00 AM
so the laws are all the same for off-list pistols? Thanks

lorax3
06-10-2009, 12:52 AM
There is no limit on how many actual pistols you can sell, as stated above the limit is on handgun transactions. So you could sell 5 pistols to Bob in one PPT and it would be one transaction, not 5.

It is irrelevant wether those pistols are on the roster or not. The roster only comes into play when you are buying from a dealer.